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No. 3. 



IN ASSEMBLY, 

^ Jamiary 7, 1862, 



GOVERNOR'S MESSAGE. 



To the Senate and Assembly : 

In the presence of events so momentous as those now 
surrounding us, we can but realize that man's strength is 
weakness, his wisdom foolishness, and human forecast a 
mockery. It is most fitting, therefore, that we seek the 
favor of the great source of all power and knowledge, and 
implore the counsel of Omniscience in our deliberations. 
Let us remember that from devastation and bloody strife, 
God restores the wasted land and evokes peace ; while 
from a condition of apparent prosperity and mutual faith, 
He may permit the spirit of discord to enter, and suddenly 
bring a whole Nation to the verge of humiliation. 

In communicating to you the condition of the State, I 
acknowledge with feelings of the profoundest gratitude 
the blessings of Almighty God in preserving the public 
health, in rewarding the labor of the husbandman, in pros- 
pering the great industrial and commercial interests, and 
saving the popular mind from all tendencies to disorder. 
But beyond our beloved State, truths, the most painful, force 
themselves upon us. Abroad, those nations whose friendship 



2 governor's message. ' ' V c- 

we ha,V;ej for generations cordially cultivated and desired, 

••• _ * 
whose rights we have scrupulously ohserved and whose sym- 
pathy we had expected, have turned coldly upon us in our 
trials, and with a perversity that causes more of sorrow 
than of anger, will not understand the vital questions un- 
derlying our difhculties. At home, the year 1861 has been 
the most eventful in the annals of the American Union 
and of constitutional freedom. It has just closed on a 
great nation, torn by Civil War, and threatened in its very 
existence. The calamitous strife that has marked it has 
deepened into tragedy, and the present year opens at a 
period big with interest to ourselves and consequences to 
our posterity. 

Without stopping to consider antecedent facts, we behold 
a rebellion of extraordinary proportions, menacing the 
safety of a government, whose common benefits have made 
us a free and prosperous people, and given us an honored 
name in every land and on every sea. A vast army alone 
keeps back this beleaguering tide, saves the national capital, 
protects the persons of the lawfully chosen Chief Magistrate 
and his constitutional advisers, and preserves the public 
archives. 

New York has been no idle spectator of the progress of 
the insurrection. She responded to the first summons 
to jDrotect the endangered Capital, and to-day one hun- 
dred thousand of her brave sons bear aloft the banner 
of the Union, in and near the rebellious States. From 
her imperial resources vast supplies have been drawn for 
the war. Her bankers, and particularly those of the city 
of New York, with a patriotism and an enlightened confi- 



governor's message. 3 

dence, which is a wonder to Europe, and a marvel to our- 
selves, have furnished a most important element to the gov- 
ernment. She has freely contributed from her public trea- 
sury, as well as in the cities and towns, through formally 
organized action of private citizens, and through the less for- 
mal means of individual benevolence. The care of the fami- 
lies of Volunteers has been assumed by municipalities, by 
villages and by individuals. The cord of brotherhood has 
been strengthened by our public grief, and this dire cala- 
mity has afforded the American people a sad opportunity 
to vindicate themselves from the calumny of national self- 
ishness. The spirit of universal liberality and fraternal 
kindness will everywhere be accepted as convincing evi- 
dence of the moral integrity of the people in this hour of 
trial, of unalterable attachment to their institutions, and 
determination that not one jot or tittle of national rights 
or dignity or manhood shall be surrendered. The com- 
manding position of this State, never so obvious as in this 
struggle, renders her voice potential in a great crisis like 
this. For the time being, you are to give utterance to that 
voice. I am sure it will be no uncertain one. 

During the year the administration of justice and the 
execution of the laws have been prompt and universal. 
Our State credit, an index of abiding confidence in the 
Government, never stood higher than now, and though 
drawn upon for the war, our finances, as will appear from 
the exhibit which I now submit for your consideration, are 
in a satisfactory condition. 



J 



4 governor's message. 

There was in the Treasury, on 1st October, 1860, $3,299,537 49 
Received from all sources for the fiscal year 16,942,977 53 

$20,242,515 02 
Payments ..- -- 17,167,573 17 

Balance on September 30th, 1861 $3,074,941 85 

The debt of the State, on October 1st, 1861, was: 

Of General Fund Debt $6,505,654 37 

Of Canal Debt 26,081,610 25 

Making a total of $32,587,264 62 

The Stock or Funded Canal Debt outstanding on Septem- 
ber 30th, was authorized by the Constitution as follows, 
viz: 

Principal. Annual int. of 

Article 7, section 1 $9,739,024 76 $532,341 48 

do 7, do 3.. 13,200,000 00 782,000 00 

do 7, do 10 642,585 49 34,629 28 

do 7, do 12 2,500,000 00 150,000 00 

$26,081,610 25 $1,498,970 76 

During the last fiscal year, that portion of the Canal Debt 
recoo-nized by section one, of article seven, of the Consti- 
tution, has been reduced by the payment of $982,974.23 
of the principal from the constitutional Sinking Fund, 
arising from the canal revenues. It will be further reduced 
before the 30th of September next by the redemption of 
two million, one hundred thousand dollars of maturing stock 
from funds applicable to that purpose ; leaving due, after 
that period, a principal of twenty-three million nine hun- 
dred and eighty-one thousand six hundred and ten dollars, 
and twenty-five cents, Avitli an annual interest thereon of 
one million three hundred and eighty-one thousand, nine 
hundred and seventy dollars, and seventy-six cents. An 
average annual reduction, past and prospective, of more 
than one and a half million of dollars, is thus shown ; and 



s 

go\t;rnor's message. 5 

it is confidently believed that the stock, amounting to seven 
million seven hundred and thirty-nine thousand and twen- 
ty-four dollars, and seventy-six cents, maturing previous to 
January, 1871, will be met as it falls due from the surplus 
revenues of the canals set apart by the Constitution for that 
specific purpose. 

Years of taxation and disappointment in relation to the 
cost and income of the canals, will give to the exhibit pre- 
sented below more than usual interest. This shows a gain 
in the Canal revenues of nine hundred and eighty-six thou- 
sand and thirty-nine dollars, and ninety-one cents, and at 
the same time a reduction in the expenses of forty thou- 
sand one hundred and ninety dollars, and sixty-four cents, 
making a total net gain over the past fiscal year of one mil- 
lion and twenty-six thousand two hundred and thirty dol- 
lars, and fifty-five cents. 

From tolls on the Erie canal $3,020,153 31 

Champlain canal 106,561 00 

$3,126,714 31 

Oswego canal. 131,458 38 

Cayuga and Seneca canal 18,778 32 

Chemung canal 15,319 04 

Crooked Lake canal 699 94 

Chenango canal 23,397 24 

Black River canal 6,112 73 

Genesee Valley canal 29,189 60 

Oneida Lake canal 218 86 

Baldwinsville canal 22 57 

Oneida River improvement 919 63 

Seneca River towing path 190 38 

Cayuga inlet 147 97 

Total from Canal tolls $3,353,168 97 

From rent of surplus water 4,865 00 

From interest on current revenue, &c._ 44,594 33 

$3,402,628 30 
c/^ ===== 



6 governor's message. 

Expe7ises: 

Payments to superintend'ts for repairs $106,611 51 

To contractors for repairs 260,995 33 

To Canal Commis'rs for repairs, &c.- 224,957 28 
To collectors for salaries, clerk hire, 
pay of assistant collectors, inspec- 
tors, and expense of collectors' 

offices 62,345 55 

To weigh masters 8,11130 

For salary of Auditor and clerk hire 
in Canal Department, salary and 
extra clerk hire of State Engineer, 
refunding tolls, printing and mis- 
cellaneous payments 43,765 17 706,786 14 

Surplus revenues $2,695,842 16 



The revenues have followed the direction contemplated 
by the Constitution, which is in order as follows, viz : 

1st. To pay the expenses of collection, superintendence and ordi- 
nary repairs of Canals, as above $706,786 14 

2d. Transferred to Sinking Fund under article 7, 

section 1st of the Constitution 1,700,000 00 

3d. Transferred to Sinking Fund under article 7, 

section 2 of the Constitution ' 350,000 00 

4th. The remaining surplus transferred to the 
Sinking Fund under article 7, section 3, of the 
Constitution 645,842 16 



$3,402,628 30 



Cash StatExMent: 

Balance in the Treasury and invested on the 30th 

ofSeptember, 1860. $2,375,017 76 

Received, viz : 

For canal tolls, rent of surplus water, interest on 

revenue, &c $3,402,628 30 

For proceeds of loans and premi- 
ums.. 1,216,883 50 

For proceeds of taxes 840,552 28 

For miscellaneous 145,183 84 5,605,247 92 

$7,980,265 68 



4 

governor's message. 7 

Pa^rf, viz : 

For redemption of stocks $2,1*75,551 23 

For interest on stocks 1,505,304 G4 

To Canal Commissioners, repair 
contractors, superintendents, col- 
lectors, and weighmasters 1,626,821 76 

Miscellaneous 67,966 80 

• $5,375,644 43 

Leaving a balance to the credit of the Canal 

Fund on the 30th of September, 1861, of $2,604,621 25 

Of this balance there was on deposit in banks to 
the credit of the Treasurer on account of the 

Canal Fund $2,435,845 04 

Of investments held in trust by 

the Auditor : 

Bank Fund stock 37,743 15 

New York State and Canal stock. 106,880 00 
Of real estate securities : 

Walter Joy's Bank 20,354 06 

Bank of Corning 3,799 00 

$2,604,621 25 



Of this balance, the sum of four hundred and eighty- 
nine thousand, five hundred and thirty dollars and twenty- 
nine cents, was not available, it being the aggregate of the 
canal deposits in insolvent banks ; but, since the first of 
October, a portion of this amount has been paid into the 
treasury, and it is estimated that the ultimate loss on de- 
posits in suspended banks will not exceed two hundred 
thousand dollars. Since the termination of the fiscal year 
and up to the close of the calendar year, the revenue from 
canal tolls was one million nine hundred and eighty thou- 
sand four hundred and ninety-seven dollars and forty-nine 
cents, the expenses of collection and repairs about two hun- 
dred and nineteen thousand and sixty-two dollars and sixty 
cents, and the available balance in the treasury and the 
several deposit banks on the 1st instant, was three million 



8 governor's message. 

nine hundred and fifty-one thousand four hundred and 
twenty-seven dollars and forty-seven cents. 

By the opening of navigation the enlarged canal will be 
completed throughout its whole extent. The circumstances 
of the country are such as to give to this fact its highest 
importance. To those Boards, Commissions and State 
officers whose duties have connected them with this work, 
and with operating the canals, the people owe their thanks, 
and especially so to the Canal Board and the Auditor of the 
Canal Department. The completion of this work should 
lessen the engineering expenses in an important degree. 
The system of contracting for repairs of the canals is found 
to materially decrease the yearly expenditure, but the 
structures become deteriorated, and at the end of no incon- 
siderable period the State will be obliged to make good the 
annual depreciation by new structures at large cost. I 
would therefore recommend that such change in the law, 
governing the letting of canal repairs, be made as shall 
require that no sections be let without giving notice by 
advertisement, and the contractor be required to give 
ample security that he will leave his section in as good 
condition as he found it ; and further, that every section 
be inspected by the proper officer when it is surrendered, 
and any depreciation be enforced against the contractor. 

The railroads have seriously diverted business from the 
canals. The extent of this is most marked in westward- 
bound freight. Of the revenue of three million nine hun- 
dred and seven thousand six hundred and seventy-seven 
dollars, received during the last navigation season, only two 
hundred and eighty-three thousand two hundred and seventy- 



governor's message. 9 

two dollars were collected at the cities of New York and Al- 
bany, and at West Troy and Waterford, on freight bound 
westward and northward, while the tolls at Buffalo and Os- 
wego on freight eastward bound were two million seven hun- 
dred and five thousand eight hundred and twenty-three dol- 
lars, or nearly twelve times more. There can be no question 
that the carrying of merchandize, which forms the bulk of 
westward freight, is almost exclusively enjoyed by the rail- 
roads. In 1851, before tolls were removed from railroads, 
there were three hundred and sixty-five thousand tons of 
merchandize carried on the canals, paying eight hundred and 
seventy-seven thousand dollars in tolls, while in 1860 there 
were but two hundred and fifty thousand tons transported, 
paying only two hundred and twenty-three thousand dollars, 
or a reduction of nearly seventy-five per cent. This results 
from no diminution of this class of the carrying traffic, for 
the annual report of the State Engineer and Surveyor on 
railroads will show that the business of the railroads has 
largely increased in the transportation of merchandize. In 
1851 the tolls on merchandize formed thirty-five per cent, 
of the revenues of the canals; in 1860 it was but seven and 
one -half per cent. 

To make the business of the canals depend so exclusively 
on the products of the forest and vegetable food, is to 
assume the largest risks. The carriers of merchandize 
have an assured business even in seasons of partial crops, 
of low prices or fluctuating markets, but that means of 
transit whose business is restricted to transportation in a 
single direction of coarse staples may, by a contingency, 
find its traffic reduced below the cost of the service. While 



/ 



10 governor's message. 

our canals will always be large carriers, yet undue competi- 
tion may divert their legitimate business in desirable traffic 
to such an extent as to disqualify them from meeting their 
constitutional demands. 

The largely augmented revenue of the canals, while due 
in a degree to increased tonnage, is principally owing to 
the enhanced rates of toll. Although much effort was 
made to reduce the tolls, yet the Canal Board of 1861 
wisely retained the schedule of 1860, increasing the rates 
on some articles. There may be periods when rates un- 
favorably affect the business of transportation on the canals ; 
it is certain that last year was not one of these, neither do 
I believe the present year will be. Experience conclu- 
sively shows that reductions in toll, although made avow- 
edly to retain to the canals the business which might fall 
to other modes ot transit, result in loss of revenue. It is 
clear that our true policy lies, not in the direction of 
striving for employment at unremunerative prices, but in 
protecting the canals in their legitimate business, and 
demanding proper tariffs for their use. In what manner 
this shall be accomplished, I have endeavored to point out 
in former messages. After presenting these facts, I can 
most safely leave the important question to you, who have 
so recently come from the people and know their views. 

The General Fund Debt remains unchanged. The prin- 
cipal is six million five hundred and five thousand six hun- 
dred and fifty-four dollars and thirty-seven cents. The 
annual interest thereon is three hundred and sixty-seven 
thousand eight hundred and twenty-seven dollars and fifty- 
eight cents, of which three hundred and fifty thousand 



governor's message. 11 

dollars is chargeable by the Constitution upon the General 
Fund Debt Sinking Fund ; but owing to the temporary in- 
ability of the Canal Fund to pay into the treasury, from 
its surplus revenues, this sum to the Sinking Fund, the in- 
terest for four years preceding the last was paid from the 
General Fund revenue. Last year the increase in the 
Canal revenue was again sufficient to meet this obligation. 
To the Legislature of 1861, for the first time in a quarter 
of a century, the Comptroller was enabled to show a 
balance to the credit of the General Fund ; and the con- 
siderate policy, in the main, of the Legislature of last 
winter in regard to appropriations, enables me to state that 
a balance of fifty-three thousand seven hundred and fifty 
dollars and fifty-one cents, stood to the credit of this fund 
at the close of the fiscal year ending with September last. 
The State tax of three and five-sixths of a mill, levied 
in 18G0, has been paid into the public treasury. The net 
amount was five million three hundred and ninety-seven 
thousand five hundred and twenty-four dollars and forty- 
five cents. This sum includes the ordinary levy of a mil- 
lion and sixty-four thousand dollars for schools, and two 
million seven hundred and fifty-one thousand dollars for 
the Canal Fund ; the remainder is for the support of govern- 
ment. The Legislature authorized a direct tax of four and 
three-eighths mills for 1861. Of this, three-quarters of a 
mill was for schools, three-quarters for canals, seven-eighths 
for general purposes, and two mills for defraying the ex- 
penditures under the Act authorizing the embodying and 
equipment of a volunteer militia, and to provide for the 
public defence. Anticipating an instalment of forty per 

// 



12 go\t:rnor's message. 

cent, from tlie Federal treasury upon the advances made 
by the State (which has been received), the Comptroller, 
to whose discretion the question was left by law, caused 
the levy for war purposes to be reduced to one and a half 
mills. The direct tax for the present year will therefore 
be three and seven-eighths mills on each dollar of the tax- 
able property of the State. 

The defects in the assessment laws are found to be such 
as to throw more than three-fourths of the burden of taxa- 
tion upon real estate. This is evidently unjust. The whole 
property of the State, personal as well as real, should be 
made to pay its due share of the cost of government. As such 
is not now the case, the importance of a revision of the stat- 
utes relating to assessments is manifest, and especially so at 
this time, in view of the large prospective taxation to be ap- 
portioned by the General Government to this State, required 
for the expenses of the war, and which is laid only on 
real estate. Our laws relating to the assessment and col- 
lection of taxes were, in the main, enacted nearly a half 
century ago, when property consisted mostly of lands. The 
amendments which have been made from time to time 
have been so imperfectly drawn that, by resorting to ex- 
pedients, the owners of personal property have been enabled 
to escape taxation. In some of the States, taxpayers are 
required to make sworn inventories of their personal pro- 
perty. It remains for you to say whether or not this mode, 
or some other equally efficient one, shall be adopted in 
this State. The manifest partiality shown to personal 
estate should at once engage your attention. The annual 
report of the State Assessors, presenting their views on this 



governor's message. ' 13 

subject, together with tables of valuation and other impor- 
tant exhibits, will be early communicated to you ; and to 
that I refer you for valuable data. From this it will appear 
that the total valuation of real estate in 1861 is $1,121,134,- 
480, being an increase of more than $1,000,000 over the 
preceding year ; while a decrease of nearly $7,000,000 in 
valuation of personal property is shown. 

In this connection I feel it to be my duty to allude inci- 
dentally to the subject of the extension of time for the 
collection of taxes, and to respectfully refer to my former 
annual and special messages in relation thereto ; time and 
experience having strengthened and confirmed the opinions 
therein expressed. 

The acts of April 14th, 1860, and April 17th, 1861, in 
relation to capital punishment should be repealed, with a 
careful saving as to all offences heretofore committed. If 
not repealed they should be essentially modified. Questions 
of the most serious importance have been raised in regard 
to certain provisions of these Acts. There is evidently a 
settled purpose in the public mind to divide the crime of 
murder into two grades, only the most heinous of which to 
be punished with death. This change has my decided 
approval, and would, I believe, serve to meet many of the 
objections to existing laws. A law should be passed con- 
taining ^ new definition of murder in the first degree, con- 
fining it to poisoning, killing by lying in wait, and killing 
where there was a deliberate design to effect death, formed 
by the accused prior to the meeting between the accused 
and the deceased on the occasion of the assault that proved 
fatal. This would exclude all constructive murders and 



14 governor's message. 

render punishment more certain. Aside from all other 
serious objections, the definition of murder in the first 
degree, in the Acts to which I have referred, includes 
offences involving no more moral guilt than the commis- 
sion of an assault and battery. I commend the subject to 
your early consideration. 

Last year I fully stated my views respecting the par- 
doning power, which subsequent observation has served to 
justify. During the year 18G1 there were presented to me 
four hundred and two applications for pardon ; added to this 
number were ninety-five cases undecided on the first of 
January last, and forty-seven applications for re-examina- 
tion, and a total for examination of four hundred and forty- 
four is thus produced. Of these I have pardoned sixty-six; 
have denied four hundred and two ; have commuted fifteen ; 
discharged by court and terms expired forty-one ; leaving 
twenty undecided at the termination of the year, in con- 
sequence of incompleteness of papers. 

In 1861, I recommended the passage of a law providing 
for the appointment of a commission to inquire into the 
system of our prison management, with reference alike to 
discipline and economical administration. The Legislature, 
probably for want of time, omitted to take any action on 
the subject. Finding, in the latter part of the summer, 
that the duties connected wuth the raising and equipping 
of volunteers for the service of the General Government, 
were such as would prevent me from making my annual 
visit to the prisons ; and in view of the fact that the de- 
rangement of the business of the country might ultimately 
cause, if it had not already produced, embarrassment in 



3 

governor's message. 15 

the prison finances, and also incidentally affect the discipline 
of the prisons, I deemed it advisable to request the Super- 
intendent of the Albany County Penitentiary, whose long, 
intimate and successful connection with penal institutions 
peculiarly qualified him for the duty, to visit the State 
prisons, to examine into their police and fiscal manage- 
ment, and to report the result of his observations to me in 
writing. This he has done. I desired him to make suita- 
ble inquiries in regard to the alleged severity of punish- 
ments inflicted at Sing Sing, and respecting the adminis- 
tration of the affairs of the Lunatic Asylum connected 
with the prison at Auburn. I also requested him to make 
such inquiries as would enable him to determine if the 
recent murder committed at Clinton prison was the result 
of any want of proper foresight, or of any insufficiency in 
the rules or discipline of the prison. The result of his 
examinations, though necessarily only partial, shows the 
need of a commission of the character above named. As 
will be seen below, the actual receipts are fully a quarter 
of a million of dollars less than the expenses of the prisons. 
This difference is increased of course beyond what it 
would be in ordinary times, but is due in a great measure 
to the mode of contracting the labor of convicts. I would 
not be understood as underrating the ability or faithfulness 
of the several officers to whose hands are confided the 
general and local administration of prison affairs. They 
have exhibited much interest and have put forth active 
efforts to preserve order and to render the prisons produc- 
tive ; but the disciplinary and fiscal systems are of many 
years' standing, and every test proves them to be very 



16 governor's message. 

faulty. It does not appear possible that able-bodied men, of 
ordinary intelligence, sentenced in every case for at least 
two years, and occupying quarters valued at more than a 
million and a half of dollars, should be unable to meet 
their support. The subject is certainly of a nature to in- 
vite the most scrutinizing attention. It is my deliberate 
opinion that, when the Constitution shall admit of the 
change, it will be wise to substitute for the three Inspectors 
of Prisons one Superintendent, to be appointed by the 
Governor and Senate, leaving to the wardens the duty, 
under proper regulations, of contracting for the convict 
labor and of controlling the government and internal 
management of the respective prisons. 

Discipline, and reformation of the convict, are questions 
of primary importance in our prison system, and should 
engage the most serious attention. The subject of finances, 
though but secondary in comparison, is entitled, especially 
at this time, to the most careful consideration. 

The total expenditure for the prisons during the last 
fiscal year, including forty-four thousand one hundred and 
seventy-nine dollars for building and permanent repairs, 
was three hundred and eighty-seven thousand one hundred 
and forty-three dollars and sixty-five cents. The amount 
of earnings paid into the State Treasury was but ninety- 
two thousand nine hundred and thirty-nine dollars and 
eleven cents. A large sum, however, remains due from 
the contractors for convict labor. Should application be 
made to you, too much caution cannot be exercised in 
entertaining the subject of releasing contractors. Serious 
injustice has heretofore resulted to the State from inter- 



/ 



governor's message. ^ 17 

ference with obligations of this character. For details 
respecting commitments and discharges of prisoners, the 
special care and management of the prisons, I refer you to 
the annual report of the Inspectors. 

The three prisons have recently been enlarged, and it is 
expected that no further appropriations for this purpose 
will soon be required. 

It has been suggested that a small percentage of the 
earnings of convicts be placed to their credit, and paid 
them on their leaving the prison. There is good reason for 
believing that future ciume would often be prevented, if 
this were done. Many of the discharged convicts are with- 
out friends, and nearly all of them are dependent upon the 
labor of their own hands for support. Not unfrequently, 
before procuring employment, or their good resolutions 
have acquired sufficient strength, their slender means are 
exhausted, and they choose unfavorably between beggary 
and theft. 

The following is a statement of the number of convicts 
in the prisons on the 31st of December, viz : 

Auburn prison 829 

Auburn Asylum for Insane convicts 79 

Sing Sing prison, males 1,277 

Sing Sing prisons, females.. 135 

Clinton prison 512 

Total number 2,832 

There were in the Asylum for Insane convicts, at Au- 
burn, on the 31st of December, seventy-nine patients. 
With so limited a number of inmates, requiring a relative- 
ly large attendance of officers, the expenses of the institu- 
tion, even with the strictest economy, will be proportion- 

[Assem. No. 2.] 2 



18 governor's message. 

ately large. In this connection, your attention will be 
called, in the annual report of the Inspectors, to a class of 
criminal insane, confined in county jails, whose mental 
condition deserves notice. I recommend you to make suit- 
able provision for removing those of this class most 
seriously diseased to this Asylum, who, on the application 
of the district attorney, shall be ordered there by the pre- 
siding judge, to be treated at the expense of the respec- 
tive counties. 

The system of higher education in the colleges and 
academies of the State continues in uninterrupted opera- 
tion ; and, though the spirit of patriotism, always ardent in 
the schools, has withdrawn professors and students from 
the peaceful pursuits of learning to the defence of their 
country, the number of jDupils has not been more reduced 
than it has often been by financial embarrassment in times 
of peace. In many of these institutions military compa- 
nies have been formed, and the students have attained a 
high degree of perfection in military drill. This is espe- 
cially true of the State Normal School. Its physical and 
disciplinary effect has been most salutary — in the former 
respect even superior to gymnastic exercises. I recommend 
that works on military tactics be introduced as text-books 
into these institutions, and that drill be made a part of 
the exercises. To enforce the observance of these require- 
ments, the income of the Literature Fund should be awarded 
with reference to the proficiency and attention given to this 
branch of education. 

During 1861, the aggregate attendance upon our common 
schools was about the same as for the year 18G0. The ex- 



governor's message. 19 

penditure for school buildings and improvements, is in excess 
of the preceding year. The deportment, health, and 
future usefulness of the pupils, in preserving and, if need 
be, in protecting, the institutions and rights of their coun- 
try, would fully justify me in recommending that male 
pupils above the age of twelve years be instructed in the 
elements of military science for a portion of the year in 
all the schools supported at the public expense, provided 
it be practicable. It may be so in cities and larger vil- 
lages; but in country districts, its feasibility is doubted. 
The subject is worthy your attention. 

The building for the People's College is yet in progress. 
Numerous applications from this and other States have 
been and are still being made for admission. It is 
expected by the Trustees that all things will be in readi- 
ness for opening the institution next autumn. 

The Annual Statistical Reports of the Secretary of State 
on pauperism, and on criminal statistics, will afford you 
valuable data on those two topics. 

The Superintendent of the Banking Department will be 
able to present a very satisfactory account of his respon- 
sible trust. During the fiscal year there was a decrease of 
about $1,852,000 in banking capital, which at the close 
stood at $109,982,324. The aggregate of the securities 
held in trust for the free banks was $30,213,780.59, or an 
increase of $18,318 ; while the aggregate circulation 
issued to free banks was $28,360,482, or a decrease of 
$380,934. In addition to this, it appears that $464,661.32 
in bonds and mortgages have been withdrawn, and govern- 
ment and state stocks have been substituted therefor. 



20 governor's message. 

Since the close of the fiscal year, about one million dollars 
in securities have been added, and the circulation has been 
increased between eight and nine hundred thousand. It will 
appear that six banks suspended during the fiscal year, 
with an aggregate capital of $1,464,560. The securities 
held in trust for their circulating notes were sold by the 
Superintendent, and all their outstanding circulation, with 
the exception of that of one bank, is in process of redemp- 
tion at par. On this, with a circulation of $51,554, there 
was a loss to holders of seven per cent. 

The Superintendent of the Insurance Department will 
submit a detailed account of the several insurance compa- 
nies, located and doing business in this State. From this 
it will appear that, with a single exception, no failure of 
Fire, Marine or Life Insurance Companies has occurred 
during the past year. 

The State Engineer and Surveyor will submit to you a 
report on the condition of the enlargement, and other mat- 
ters connected with the canals ; and also a report on the 
railroads of the State. 

The inspection of salt at the Onondaga Salt Works, 
during the past year amounted to 7,200,391 bushels. This 
is in excess of any previous year. A duty on this produc- 
tion, at the rate of one cent per bushel, is payable into the 
treasury, and forms a portion of the permanent revenue 
of the General Fund. The expenses of the works, salaries 
of officers, and the cost of providing supplies of brine to 
the manufactories for 1801, were about forty-six thousand 
dollars. In his annual report the Superintendent will 
communicate information bearing upon the future of this 



// 

governor's message. 21 

important interest. I respectfully refer to my last annual 
message in connection with this subject. 

The Superintendent of Weights and Measures has fur- 
nished me a carefully prepared statement of the articles 
and the condition of the public property under his super- 
vision. From this it appears that all the counties of the 
State, with the exception of four, have been suj)plied, 
through him, with new or corrected standards of superior 
workmanship. The duties of this office are conducted with 
commendable economy. 

There were landed of alien emigrants at the port of New 
York, during the past year, sixty-five thousand five hun- 
dred and twenty-one, against one hundred and four 
thousand three hundred for the year 1860. For the 
first four months of 1861 emigration exceeded the corres- 
ponding period of 1860 by several thousands, but during the 
latter half of the year there has been a large falling off; re- 
ducing the aggregate arrivals thirty-seven per cent, below the 
preceding year, and less than during any year since the orga- 
nization of the Board of Commissioners. The reduction of 
income thus occasioned, has induced a rigid economy on 
the part of the Commissioners, who expect that, without 
detracting from the usefulness of the commission, they will 
be able to support the institutions under their charge with- 
out assistance, until emigration shall again enable them to 
meet the ordinary demands upon their income. The report 
of the Commissioners will be presented to you in due time, 
and to that I refer you for valuable details. 

A floating hospital for the treatment of yellow fever ia 
proven, I think, by the experience of the past three years, 



22 governor's message. 

to have advantages over fixed quarters. It is found to be 
not only better for the comfort and well-being of the sick, 
but safer and more economical. We can, therefore, at least 
safely postpone the purchase of lands, or the erection of 
costly edifices, or the employment of an expensive corj^s of 
salaried ofiicers, for quarantine purposes, until the political 
troubles of the country are at an end. The report of the 
Quarantine Commissioners will present the affairs more in 
detail ; but it is proper that I should call attention to the 
necessity for a suitable site for a warehouse for infected 
cargoes, as it is believed that this is the principal source of 
danger from yellow fever. The cost ought not to be large, 
as the requisite accommodations would be inconsiderable. 
The Commissioners will endeavor to impress upon you the 
necessity of a revision of the Quarantine laws. Authority 
should be given to sell the grounds lately occupied as a 
Quarantine station on Staten Island, and, in that case, to 
provide for a new boarding station at a suitable point else- 
where ; to require the proper distribution of the sick, and 
to provide means therefor ; to invest the Health Officer with 
control over the Floating Hospital ; and for the permanent 
maintenance of anchorage ground for infected vessels in the 
lower bay during Quarantine season. The office of Physi- 
cian of the Marine Hospital, which, since the resignation of 
the incumbent in June last, has been vacant, should be 
abolished, the salary of five thousand dollars heretofore 
paid should be saved to the emigrant fund, and the Health 
Officer be required to perform the few remaining duties free 
of expense. 

The labors and responsibilities of the Metropolitan Police 



governor's message. 23 

have temporarily been materially increased by the quar- 
tering within the district of large numbers of soldiers, and 
by the passage through and detention in the city of regi- 
ments from this and other states. Additional duties were 
also imposed at the last session of the Legislature. With- 
out display, however, and in a manner to win still more 
fully the popular confidence, the police have preserved the 
public peace and faithfully performed the duties assigned 
them. The annual report of the Commissioners is now in 
my hanjds, and will be transmitted to the Legislature with- 
out delay. It embraces a large amount of important detail, 
and contains several recommendations for your considera- 
tion. There is an increase of four hundred patrolmen in 
New York — a number amply sufficient to protect life and 
property, and to repress any outbreak against the public 
peace. Statistics are therein given with reference to the 
sanitary police, and the examination of unsafe buildings 
and steam-boilers (more than twenty per cent of which are 
found defective), and the mode of escape from and ventila- 
tion of tenement houses. The importance of frequent and 
careful examination of ferry boats plying in the harbor of 
New York, is established by the returns submitted with the 
report, which show that during the past year forty-four 
million six hundred and forty-one thousand eight hundred 
and ninety-five passengers were carried, with the loss of a 
single life, that of a fireman, while cleaning his engine. 
The Commissioners suggest the propriety of imitating 
European cities, in transferring to the police many duties 
now discharged by other functionaries, and thereby saving 
largely in expense while gaining in efficiency. The 



24 governor's message. 

supervision of weights and measures, custody of the mar- 
kets, inspection of streets, piers and bulkheads, and en- 
forcement of laws for the government of the harbor, are 
those specially named. The duty of appointing poll-clerks 
cannot with propriety remain vested in the Board, but 
should be transferred to the supervisors of the counties. 
There are other points which will engage your attention. 
The standing of our State and country abroad depends, in 
no inconsiderable degree, upon the good order of the com- 
mercial metropolis, and a system of police which has proved 
itself, under trying circumstances and careful scrutiny, to 
be equal to the objects sought in its establishment, properly 
claims such legislative aid as experience has proved to- be 
requisite. 

The Board of Commissioners of Pilots have continued to 
satisfactorily discharge the duties devolved upon them by 
the several acts of the Legislature relating to the preserva- 
tion of the harbor of New York. In their annual report, 
they will call your attention to several important subjects 
connected with the wharves, piers, slips and waters of the 
harbor of New York. 

The number of vessels of all kinds, arriving at the port 
of New York, in 1861, was fifteen thousand and sixty, ex- 
clusive of river craft. To insure the proper care of these, 
it is necessary that the several harbor masters should be 
continuously at their posts. Such, however, has not been 
the fact during the past year, but as there is no law ex- 
pressly forbidding these officers from absenting themselves, 
or from employing persons to perform their duties in their 
absence, there exists no authority for correcting a very 



governor's message. 25 

obvious wrong upon the commercial public. I therefore 
renew the following recommendation contained in my last 
annual message : 

" I think some amendments are necessary to chapter 
seventy-two, of the Laws of 1850, relating to the harbor 
masters of the port of New York. The defect of the law 
is found to be in not prohibiting harbor masters from em- 
ploying assistants to perform their duties and from absent- 
ing themselves from their posts ; and it is believed that 
these subordinates, to some extent, exact and receive ille- 
gal fees for berthing vessels. Stringent provisions against 
the employment of assistants under any pretext whatever, 
and against demanding, receiving, offering or paying gra- 
tuities, should be adopted." 

The practical operation of the act of April, 1857, reor- 
ganizing the Board of Port Wardens, seems to meet with 
general approval. No change will therefore be necessary. 
The annual report of the President of the Board shows 
that 10,844 surveys were made for the year ending with 
the thirtieth of November. 

Marked progress has been made during the past year in 
developing the Central Park, although the expenditure was 
but about one-half as much as for 1860. The condition of 
a portion of the work commenced in the latter year, re- 
quired its completion in order that it might be saved from 
damage. The great utility and growing beautv of this 
grand municipal enterprise have already given it a high 
value in the estimation, not of New York alone, but of the 
public at large. 

Benevolent institutions are springing up in every part of 



26 governor's message. 

our State, devoted to specialties. There could be no better 
evidence of the humane tendencies of our people than 
is afforded by this fact. Some of these have been instru- 
mental already in accomplishing much good. I would spe- 
cially mention the Children's Aid Society, organized in the 
city of New York, for the purpose of providing homes for 
vagrant and homeless children. 

The managers of the several charitable institutions of 
the State have reported to me their present condition, 
with a brief account of the administration of their respec- 
tive trusts. The New York Institutions for the Deaf and 
Dumb, and for the Blind ; the Asylum for Idiots at Syra- 
cuse ; and the Lunatic Asylum at Utica, have each been 
measurably prosperous, and I am glad to inform you that, 
with a single exception, they require no special legislation. 
As the usual annual report will be made to you from each, 
presenting a statement of its aflairs in detail, I respectfully 
refer you thereto, for specific information. 

In regard to these and all similar objects, seeking aid 
from the public treasury, I desire to repeat the following 
recommendations contained in my message of 1861 : 

" While the State should be exactly just, and while I 
should be unwilling to counsel a withdrawal of its patron- 
age from the several charitable institutions which have 
hitherto enjoyed it, I would suggest the adoption of a more 
rigid system of accounting and economy with regard to 
them. The doctrine of strict accountability should apply 
as well to our charities as to any other interest. I am 
sure that no valid objections can be urged against this by 
those to whose hands the interests of these important 



/-4 

governor's message. 27 

establishments are committed ; since it will afford to the 
people a satisfactory guaranty that the moneys appropri- 
ated to those objects have a proper direction. I would 
recommend that all applications for aid to State institu- 
tions, beyond that for usual and necessary support, should 
be carefully scrutinized, for it cannot be denied, that while 
their ordinary affairs have been generally managed with 
care, large expenditures have sometimes been made for 
mere ornamentation. If we keep constantly in mind the 
fact that the taxpayer is charged with the care and support 
of the poor of his own locality, and, in addition, willingly 
pays all that is required of him for these general purposes, 
applications for aid will be more carefully considered ; and, 
by limiting the amount only to actual wants, we may be 
less liberal, but more just." 

The New York State Inebriate Asjdum at Binghamton 
is not yet completed. The report of the officers will afford 
some interesting detail in respect to the character of appli- 
cations for admission. 

The Society for the Reformation of Juvenile Delinquents, 
in New York, will also present to you a favorable annual 
report. Their buildings are completed, and the fullest 
efficiency of the institution is now being enjoyed. 

The Managers of the Western House of Refuge, located 
at Rochester, will present you their report, showing a 
very satisfactory condition of affairs at that institution. 

The Department of Public Charities and Correction has 
renewed to me the recommendations I made in my last 
annual message, to which I respectfully refer, and which I 
now repeat. The Commissioners very justly call attention 



28 governor's message. 

to the fact that no provision has been made for the soldier 
who, after being disqualified, from wounds received in ser- 
vice, has returned to the State, without pension or means of 
procuring proper medical attendance, and is left to depend 
upon the charity of the public. Congress ought, at once, to 
make suitable provision for this class of cases. Near the close 
of the last session of the Legislature, a bill providing for 
the more certain and guarded prosecution of vagrancy and 
other petty offences in police courts in the city of New 
York, was presented for my signature. Such of its pro- 
visions as were indicated by the title were proper and de- 
sirable, but in some other respects it was so objectionable 
that I was unwilling to give it my approval. It provided 
that the several claims of the police justices to make their 
compensation equal to that allowed the city judge, should be 
liquidated from the revenues and receipts of the court, and 
be paid to them by the chief clerk of their own court; 
and, further, the incumbents were to be continued in office 
" until provision shall be made for their successors by 
appointment or election, as the convention to amend the 
Constitution shall determine." I was not willing to give 
validity to an act which permitted a subordinate to receive 
fees and compensate his superiors, without any check being 
put upon his acts. Not only was there more than one subject 
embraced in this bill, while but one was expressed in the 
title, but it doubled the compensation of the police justices, 
and made their official term depend upon a future con- 
tingency, which, as it might never happen, would give them 
an unlimited claim to the office. 

Agricultural interests have been more than usually pros- 



governor's message. 29 

perous. The products have been abundant throughout the 
State, and the remunerative rates have given increased 
business to the various modes of transportation in the 
direction of markets ; at the same time the articles of hu- 
man food have been so reasonable that plenty has been 
within the reach of the humblest laborer. Public policy 
alone would counsel us to foster this great source of happi- 
ness and national wealth. 

I have heretofore recommended an enlargement of the 
powers of boards of supervisors. I believe that the public 
interest would be materially promoted by widening the 
scope of their legislative jurisdiction. But should this be 
done, I advise that it be coupled with a provision making 
it necessary, especially in counties where there are cities 
or large villages, to procure, before they can take effect, 
the approval of a designated county officer to all acts, or- 
dinances or resolutions levying special taxes, or creating 
debts. It appears to me that, for several reasons, the county 
judge would be the proper officer to perform this duty. 

I desire to call your attention to the necessity of at least 
two amendments to existing laws affecting the powers of 
supervisors and town boards : the one respecting the exten- 
sion of time for the collection of taxes, when stayed by in- 
junction ; the other in relation to providing means for con- 
structing bridges when destroyed by accident and for the 
extraordinary repairs of roads. As regards the former, it is 
shown by experience that the provisions of chapter 488, of 
the Laws of 1851 should embrace and be made applicable 
to boards of supervisors in cases relating to the imposition 
and collection of taxes, and that, after the stay of proceed- 



30 governor's message. 

ings is terminated, a period not exceeding the number of 
days during which such stay or suspension continued, 
should, after their making proper return, be allowed to col- 
lectors. As respects the latter recommendation, it is only 
necessary for the Legislature to provide for calling a special 
town-meeting to vote upon the question of levying a tax 
or making a loan. In addition to this, it would be 
well to increase, under suitable restrictions, the amount 
now authorized to be borrowed by boards of supervisors. 
Each Legislature is obliged to spend much time, at serious 
disadvantage, in examining these subjects, often at the 
risk of legalizing debts whose propriety could more 
readily be determined by the voters or local officers 
of the districts directly affected, and especially by those 
persons from whom the moneys are to be drawn. At 
present, under the plea that the town elections have passed, 
and no power exists for calling the electors together, or 
that the sum now authorized to be raised by boards is in- 
sufficient to meet the exigency, the Legislature is induced 
to assume responsibilities which belong to local officers, to 
whom it should be exclusively confined. 

A cursory examination alone of the subject will show 
that more than seventy per cent, of the counties are pro- 
portionately, and all are actually, wronged by the present 
system of paying the cost of transportation of state prison 
convicts, and the expense of executing writs of requisition, 
from the State treasury. I have heretofore called special 
attention to this subject, and now renew the recommenda- 
tion that the cost be made a county charge. There can be 
no doubt whatever of the justice of this policy. 



governor's message. 31 

A change is obviously necessary in the laws relative to 
excise so as to ensure their enforcement, especially in 
regard to licenses. At present those who pay for licenses 
practically receive neither privilege or protection therefor. 

I consider is unnecessary to repeat at length the views 
presented by me in former messages, in regard to the fol- 
lowing subjects. I desire to say that reflection and obser- 
vation have only served to confirm the propriety of the 
recommendations ; and I therefore renew them : the con- 
ferring of larger discretion upon judges in fixing the terms 
of sentence of criminals ; that aliens actually residing in 
this State be authorized to acquire, hold and convey real 
estate at their pleasure ; that females convicted of crimes, 
involving imprisonment for a brief period, should be sent 
to the penitentiaries instead of the State prison ; that a care- 
ful attention be given to the subject of public health, espe- 
cially in the city of New York, and particularly to providing 
the necessary scientific sanitary supervision ; that it be made 
the special duty of some officer to enforce the law of April 
12, 1853, providing for the care and instruction of idle and 
truant children ; that a revision of the laws applicable to 
breaches of trust in various forms, and to persons acting in 
fiduciary capacities, has become necessary; that power 
should be given to the Governor to suspend for misbehavior, 
during the recess of the Senate, all officers where removal 
or suspension is not otherwise provided for. 

I would earnestly ask your attention to the subject of 
the modification or enactment of city and village charters. 
They are generally ill-digested, and, except in special 
instances, entirely unnecessary. A well considered act or 



32 governor's message. 

some amendments to the general law of 1847, would be far 
better calculated to secure the objects sought in village 
charters, than such as swell the size of our annual session 
laws. On reference it will be seen that the subject of city 
and village charters occupies two-fifths of the space of the 
last annual volume of laws. 

The Constitution has determined that no private or local 
bill shall embrace more than one subject, and that shall be 
expressed in its title. There is, evidently, a growing- 
tendency to incorporate inconsistent provisions in local 
bills. This is clearly contrary to the spirit of the constitu- 
tional provisions. I respectfully ask your attention to this 
subject in making up the annual tax levy of the city of New 
York, and in other measures affecting the several cities of 
the State. 

By the Act of the sixteenth of February last, the sum of 
$50,000 was appropriated for the purpose of furnishing 
supplies and provisions for the relief of the suffering people 
of Kansas. The Governor, Comptroller and Secretary of 
State were constituted a commission to superintend and 
direct the expenditure of these moneys. A competent 
agent was employed by them, who, under their direction, 
at once proceeded to carry out the provisions of the Act. 
A report on the subject, made by the commissioners, will be 
found in the last Assembly documents, number one hundred 
and forty. The sum of thirty-eight thousand seven hun- 
dred and fifty-five dollars and seventy-seven cents was 
drawn from the Treasury, leaving unexpended, of the 
appropriation, eleven thousand two hundred and forty-four 
dollars and twenty-three cents. 



'7 

governor's message. ' 33 

An event which, in more peaceful times, would have ex- 
cited the liveliest interest throughout the continent, has, 
owing to our deep solicitude about our domestic concerns, 
attracted scarcely more than a passing attention. I refer 
to the completion, in October last, of the Pacific telegraph 
line, connecting the Atlantic coast with the city of San 
Francisco. An enterprise of such magnitude, can well be 
classed among the wonders of the present age. Recogniz- 
ing this as the forerunner of a railroad, uniting, at no 
distant day, the same points, and thereby securing an 
important share of Asiatic commerce to our State, we have 
special reason for gratulation. 

I transmit a copy of the certificate of the Secretary of 
the Interior, apportioning the representation for the thirty- 
eighth Congress among the several States, in accordance 
with the provisions of the act of Congress, approved May 
23d, 1850. From this it appears that the State of New 
York is entitled to thirty-one members in the House of 
Representatives. It becomes your duty to district the 
State in conformity with this certificate. 

By the Act of Congress of August fifth, 1861, a direct 
tax of twenty million dollars is laid upon the United 
States, and apportioned to the States respectively. The 
proportion of this State is two million six hundred and 
three thousand nine hundred and eighteen dollars and 
sixty-six cents. This tax is laid on real estate only. Pro- 
perty belonging to any individual who actually resides 
thereon, to the value of five hundred dollars, is exempt. 
The details of the act are quite complex so far as relates 

to the collection of taxes under it. But it contains a pro- 
[Assem. No. 2.] 3 



34 governor's message. 

vision that any State may "assume, assess, collect and pay 
into the treasury of the United States, the direct tax, or 
its quota thereof, in its own way and manner, by and 
through its own officers, using a valuation list, made by 
State authority, and any State giving notice to the Secre- 
tary of the Treasury, previous to the second Tuesday of 
February, shall be entitled, in lieu of all expenses, to a 
deduction of fifteen per cent, on such portions as have 
actually been paid into the treasury of the United States 
on or before the last day of June, and ten per cent, on such 
parts as shall have actually been paid on or before the last 
day of September." No assessors or collectors are to be 
appointed after a State gives notice, and the "quota or 
direct tax is liable to be paid or satisfied, in whole or in 
part, by the release of such State advances, duly executed 
to the United States, of any liquidated and determined 
claim of such State of equal amount against the United 
States." I have no hesitation in recommending that the 
tax be assumed by the State at once ; and I submit for 
your consideration the following mode of liquidating it : 

The act of Congress of July twenty -seventh, 1861, pro- 
vides for indemnifying the States for advances to the 
General Government, and covers all the expenditures 
incurred in raising volunteers, under the act of the Legis- 
lature of this State, of April 16th. 

On the first instant, these amounted in the aggre- 
gate to $2,873,501 IG 

On this, the late Comptroller received from the 

United States Treasury 1,15G,048 50 



Leaving still due from the government, on ad- 
vances, the sum of 1,*I17,452 66 



governor's message. 35 

This balance, it is assumed, will be allowed at the Treasury 
Department, and will be credited on account of the direct tax 

due from this State, which, as before stated, is $2,603,918 

Deduct the 15 per cent 390,586 

Leaving a net tax of $2,213,332 

Deduct above balance due on advances of State 1,717,452 

And there is found to be due the United States 

Treasury $495,880 

Under chapter 277, Laws of 1861, a direct tax of one 
and a half mills on the taxable property of the State was 
levied. This will produce about two million one hundred, 
and forty-one thousand dollars, of which but about five 
hundred thousand dollars, as appears above, will be required 
to liquidate the brJance of the United States tax. It is to 
be remembered that this State tax was levied upon personal 
as well as real property, and that there were no exemptions, 
such as are provided for in the law of Congress. But, 
with the privilege of adjusting the debt due to the State 
for advances, the opportunity for making an important 
saving on the collection of the federal tax, providing at 
the same time for paying a demand which must be met, the 
Legislature, I think, will find no difficulty in making such 
disposition of a part of the proceeds of the tax raised 
under chapter 277, as will accomplish these ends. 

The Act also provides for collecting upon the annual 
income of every person residing in the United States, whe- 
ther derived from property or from any profession or voca- 
tion, carried on in the United States or elsewhere, if such 
annual income exceeds eight hundred dollars, a tax of three 
per centum on the amount of such excess of income above 
eight hundred dollars, and upon the income, accruing upon 



36 governor's message. 

any property or securities owned in the United States by 
any citizen thereof, residing abroad, a tax of five per centum. 
A favorable exception in both instances is made on income 
from treasury notes and other securities of the government. 
These taxes are to be assessed and collected under regula- 
tions prescribed by the Secretary of the Treasury. 

This is a novelty in our country. We have heretofore 
taxed only real and personal property. It is obvious that 
great inequality would result from an enforcement of this 
law, in a manner so partial as would be the case now. It 
is understood that Congress will take measures for modi- 
fying its provisions. A question as to the constitutionality 
of this measure has been raised. It is asked if it does not 
conflict with the terms of section two, article one. United 
States Constitution, which determines that " representation 
and taxation shall be apportioned among the several states 
according to their respective numbers." 

In my annual message of 1861, I recommended that the 
military spirit of the State, which for several years has 
been gradually declining, should be fostered, and called 
attention to the fact that it was a part of the established 
policy of our country to maintain a well regulated 
militia as a pledge of domestic security, and of safety 
from external violence. It was obvious that our militia 
was in no condition, either as respected discipline or equip- 
ment, for minute duty. The growing apprehension 
throughout the country that a collision might occur between 
the authorities and the insurgents, and especially in view 
of the fact that our arsenals and armories were lamentably 
destitute of supplies, induced me on the ninth of January, 



governor's message. 37 

in transmitting the annual report of the Commissary 
General, to call special attention to the facts presented 
therein. Among other things it was shown that the great 
body of the organized militia of the State was unsupplied 
with reliable arms. I specially referred to the then exist- 
ing deficiency in the military stores, which I recommended 
the Legislature to take early measures to supjDly, urging 
that in order to be prepared for any emergency, a suit- 
able appropriation should be made from the Treasury 
and placed at the discretion of the military department. 
The favorable terms and the large market at that time, 
would have enabled the State to procure the necessary 
articles at very moderate prices when compared with sub- 
sequent ones. The final consideration of this subject, as 
is known, did not take place in the Assembly, until the 
12th day of April, when a bill passed appropriating five 
hundred thousand dollars, for the purpose of arming the 
militia of the State, and providing for the public defence. 
There have been purchased in Europe, under this Act, 
ten thousand Enfield rifled muskets, of which number about 
six thousand have been delivered in New York. The 
Report of the Commissary General will embrace a full 
detail of the receipts and issues of military stores and the 
present supply of arms and munitions. 

Our Constitution requires that the Militia of this State 
shall at all times be armed and disciplined, and in readiness 
for service. To accomplish this, some essential modifica- 
tions of our present militia laws are obviously necessary. 
As Congress has the power to provide for organizing, arm- 
ing and disciplining the militia of the country, the system 



38 governor's message. 

of this State must have for its foundation the various acts 
of that body. The defective character of the act of Con- 
gress of 1792, presents a serious difficulty, in the way of 
such modifications of our present laws, as experience would 
dictate. A carefully prepared report, the result of a sys- 
tematic inquiry and correspondence, with the active mili- 
tary men of the State, made through the Adjutant General, 
by the Judge Advocate General, will be presented to you. 
It proposes to retain the main features of the present mili- 
tia system, to abolish, with two exceptions, the elective 
system ; to return to the mode of enrolling prescribed by 
the act of 1792, to require yearly drills, and thus provide 
a well-trained nucleus in every locality ; to limit the dura- 
tion of commissions and to terminate, within a given period, 
those now in force ; to require candidates for commissions 
to be examined, and the enactment of a series of articles 
of war, for the government of troops in the service of the 
State in time of war, based on those in force in the Army. 
It recommends other and minor amendments. In modify- 
ing our system, it is important to keep in view two facts : 
the one, that too much is not attempted to be accomplished ; 
the other, that suitable provision shall be made for the neces- 
sary expenses of the men. The Act of 1792 erred, undoubted- 
ly, in requiring more than it should of a people whose pur- 
suits are largely agricultural and mechanical. Experience 
shows that those between the ages of twenty and thirty 
constitute the class, who maintain the militia organiza- 
tions, and from which has been dra.wn the great bulk of 
the volunteers. Upon this class we must principally de- 
pend for the efficiency of our future militia establishment. 



governor's message. 39 

There is an obvious necessity for immediate attention to 
this subject, and I therefore recommend the early prepara- 
tion of a bill, which, while conforming to the laws of 
Congress, shall meet our present and future needs. 

Our political troubles, which have so engrossed the 
attention and employed the resources of the country since 
the close of the last session, are the fruits of a tree whose 
seeds were sown a third of a century ago, and, though un- 
observed by us, its growth has been carefully watched by 
those whose nurturing hands have given direction to its 
roots. The attempt to ignore the Federal power in 1832 
was an expression of the same sentiment which now ani- 
mates the leaders of secession ; and time has served to 
justify the prediction of President Jackson, that, though 
crushed, the spirit of nullification would revive again under 
the form of slavery agitation. Slowly, but surely, the pro- 
cess of poisoning the Southern mind has been going for- 
ward. History, in its own time, will sit in judgment and 
review the account : to its record I leave the rise and pro- 
gress of secession. To those events only which directly 
involve our duty, shall I refer. 

The summer of 1860 was one of peculiar political inte- 
rest. The manifestations of popular opinion were unusually 
open and candid. Early in the year political conventions 
had placed four candidates before the people for the Presi- 
dency. Three of these stood unequivocally pledged to 
uphold the Constitution and maintain the Union. The 
fourth, while believed by his Northern supporters to be 
loyal, was, by the more general opinion, regarded as other- 
wise. Recent events have fully justified the popular suspi- 



40 governor's message. 

cion in this respect. The election was on November 6th. 
The North proceeded calmly and deliberately to the exer- 
cise of a right which had been settled at the Revolution 
and confirmed at every subsequent quadrennial election. 
The vote was unusually large. The verdict at the polls 
was emphatic. Of the four million six hundred and fifty- 
four thousand ballots given, three million eight hundred 
and fifteen thousand were for unconditional Union. New 
York, with sixteen others of the thirty-three States, gave her 
electoral vote for the present incumbent. Aside from the legal 
obligation, the South, by participating, were bound in honor 
to accept the result of the election without dissent ; but the 
leaders of disunion, with amazing audacity, made it a pretext 
for precipitating the catastrophe of attempted secession upon 
the country. They well knew that the rights of no State had 
been endangered by the result of the election. Indeed, the 
successful party had, in all authoritative modes, expressly 
contended for the right of each State to control its own 
domestic institutions. More than this, the opposition held 
a majority in both branches of the National Legislature, 
and the judiciary, by the Constitution, were a co-ordinate 
branch of the government and therefore independent of 
the new administration ; besides, the three powers of the 
government had been, at no period in our history, and, from 
the nature of things, could never all be held at the same time 
by either section. The issue of the election gave satisfaction 
in the city of Charleston, and the result was scarcely made 
known before the plotters boldly announced their determina- 
tion to destroy the Union. The leaders would not wait. 
They dared not. They drove the public assemblies with im- 



governor's message. 41 

petuous haste toward the brink of rebellion. The alleged 
grievances were but vague generalities. They insulted the 
national flag at every oj^portunity ; denounced the national 
government ; seized by force and fraud the public property ; 
and repudiated obligations due in loyal States. A firm and 
clear-sighted Federal Executive would have summarily 
meted out the penalties of the law to the fomenters of con- 
spiracy and treason. But age and ill-placed confidence 
had rendered the President timid, and made him blind to 
obvious facts. Certain members of his Cabinet openly 
abetted the rebellion, or were guilty of wanton treachery. 
They used their high positions to strengthen the conspira- 
tors and to cripple the army and navy. They had con- 
trolled the appointment of diplomatic representatives, plac- 
ing in important positions those known by them to be 
inimical to the Government, and secret agents were 
employed, with their approval, to visit Europe to influence 
the governing classes there. A legion of evil agencies, 
some secret, others open, were put to work to demoralize 
and denationalize the South, a labor rendered practicable 
by the peculiar character of Southern society. Spurred 
on by envy and ambition, the leaders toiled like giants. 
Specious appeals were made to unworthy prejudices. The 
rankest hostility to Southern interests was imputed to the 
North. Congress was charged with destroying the com- 
mercial equality of the South, and hopes the most extrava- 
gant were encouraged. Legislative bodies and conventions 
of the people were suddenly changed from the object of 
their convocation ; power the most arbitrary was usurped ; 
in a word, the leaders halted at no barrier, and were de- 



42 governor's message. 

terred from no deception, to carry into execution their long 
concerted scheme of disrupting the Union. A State which 
had once defied the law, a State which had borne 
few of the burdens, had had a large hand in shaping the 
national policy, which had brought weakness rather 
than strength, and had enjoyed all of the benefits of 
the Union, was appropriately chosen to lead the way. 
On the 29th of December, her Legislature passed a for- 
mal act of secession. Next followed, in January, Missis- 
sippi, Alabama, Florida, Georgia and Louisiana ; Texas in 
February, Virginia in April, and Arkansas, Tennessee and 
North Carolina in May, making eleven States in all, and 
seven before the incoming of the new administration. The 
people of New York, strong in their loyalty and devotion, 
could not believe that, toward a Government so mild and 
beneficent as ours, the citizens of any State could seriously 
entertain a disloj-al feeling. They thought that when the 
ebullitions incident to a general election had subsided, 
the good sense of the people, would restore harmony. 
They knew, as all know, that for eighty years the Gov- 
ernment had been true to its constitutional obligations, 
that the immunities of each State had been sacredly 
observed, and that all alike had enjoyed the unequaled 
blessings of a truly republican form of government. But 
the daily proceedings in the rebellious states were such as 
to create astonishment and to weaken the faith of the 
most hopeful. Even the President became alarmed at 
last. On the eighth of January, 1861, in a special mes- 
sage to Congress, in which was exhibited unwonted 
firmness, he said the Nation was in the midst of a 



governor's message. 43 

fearful revolution, and reasserted the noble sentiment 
of the beloved hero who terminated a war, and dis- 
tinguished the day in our annals, that " the Union must 
and shall be preserved." He declared his purpose to use 
the military power against all who resisted the Federal 
authorities. The Legislature of this State, in a series of 
resolves, with but three dissenting voices, " hailed with joy 
the firm, dignified and patriotic special message of the Pre- 
sident," and tendered to him whatever aid in men and 
money he might require, to enforce the laws and uphold the 
authority of the Federal Government. Coj^ies of these 
were sent, through me, to the President and to the Gover- 
nors of all the States. 

On the twenty-fourth of January, I received and trans- 
mitted to the Legislature, the resolutions adopted four days 
previously by the General Assembly of Virginia, inviting 
such States as would "unite with her in an earnest efibrt 
to adjust the unhappy controversies, in the spirit in which 
the Constitution was originally formed and consistently 
with its principles, so as to afford adequate guaranties to 
the Slave States for the security of their rights, to ajjpoint 
commissioners to meet hers, on the fourth of the following 
month, in Washington, to consider and agree, if practi- 
cable, uj^on some suitable adjustment." Although but 
eleven days intervened — a period scarcely sufficient even to 
inform many of the Legislatures in session, and too brief to 
convene those not in session — I nevertheless, did not feel 
willing to let this or any opportunity offering a reasonable 
hope of success, pass without a trial. I accordingly 
recommended the appointment of five citizens of this State, 



44 governor's message. 

in whose character and patriotism the public would have 
full confidence, to meet those from Virginia and other 
States. On February first, the Legislature selected Com- 
missioners. Their reports will be found in the Senate 
documents of 1861, numbers fifty-nine and sixty. 

On the 21st of March, I received, from the President an 
authenticated copy of the joint resolutions adopted by Con- 
gress proposing an amendment to the Constitution of the 
United States, which, when ratified by three-fourths of the 
State Legislatures, should become a part of that instrument, 
in the following language : "No amendment shall be made 
to the Constitution which will authorize or give to Congress 
the power to abolish or interfere, within any State, with 
the domestic institutions thereof, including that of persons 
held to labor or service, by the laws of said State." 
Nothing more than the adoption of this amendment could, 
in justice, have been asked by the South. It should be 
remembered that this action was taken after the withdrawal 
of the representatives of States in rebellion, and this fact 
alone should have more weight in determining the question 
of security to Southern rights, and the friendly spirit of 
the North, than all the assertion and calumny that could be 
uttered. I transmitted a copy of this to both houses, 
recommending its adoption. The proposed amendment was 
not passed upon by them, however. 

Events rapidly culminated. The newly organized Con- 
federate administration lost no opportunity to add to the 
excitement, and to urge on the rebellion. The leaders 
determined that a " blow must be struck," that " blood 
must be shed," before their government could have a de- 



governor's message. 45 

fined existence. Charleston harbor appeared to be the 
point selected for this bloody inauguration. The masterly 
occupation of Fort Sumter by Major Anderson, the pro- 
longed preparations of the insurgents for reducing it, and 
the firing ujDon the supply-ship Star of the West, had fixed 
the eyes of the country upon that point. The peculiar 
difficulties of affording supplies by a Government vessel, 
and the meagre amount of subsistence in store, induced the 
commanding officer to inform the Governor of South Caro- 
lina that unless he received a supply in two days he must 
surrender the fort. As this was obviously impossible, the 
evacuation by the Federal forces was inevitable. But it 
did not suit the designs of the rebels to receive the fort 
. without a resort to violence. Without provocation, a can- 
nonade from eleven batteries and a land and water force 
of more than eight thousand men, opened upon the devoted 
little band. It was j^hysically impossible for seventy 
men to hold out against such odds, and the Federal 
force, under the guns of the rebels, capitulated on the 
loth of April. On the same evening, the news flashed 
over the vast telegraphic net- work of the country. North- 
ern blood was stirred. This gratuitous violence and this 
deliberate insult to the flag, conclusively proved to all 
that it was the design of the leaders to break up the 
Government. An immediate reaction took place in the 
popular mind, completely uniting the people of the loyal 
States. They deliberately determined to put down the 
rebellion, and this purpose has been strengthened by 
time and reflection. The President immediately appointed 
a special session of Congress to meet on July the fourth. 



46 governor's message. 

He also issued his proclamation, calling for seventy- 
five thousand three months militia. Of this force the 
quota of New York was thirteen thousand men. On 
the morning of the fifteenth, I communicated this fact 
to the Assembly, and recommended that a military force 
sufficiently large to meet the present and prospective 
demands of the Government, be authorized, and that greater 
discretionary power be conferred to embody and equip a 
volunteer militia for the public defence, and to provide the 
necessary means therefor. A bill for this object, in a few 
hours, passed through all the forms of law, with but six 
dissenting voices. In the Senate, its passage was equally 
prompt and decisive. It empowered the Governor, Lieuten- 
ant Governor, Secretary of State, Comptroller, State Engi- * 
neer and Surveyor and State Treasurer, to accept into the 
service of the State, in addition to and as a part of its militia, 
for two years, thirty thousand volunteers. The officers 
named in the Act immediately met and resolved to raise 
seventeen regiments of seven hundred and eighty men 
each. A proclamation was issued by me, calling for this 
force to serve as Infantry or Riflemen, and to rendezvous 
at New York, Albany and Elmira. As the Board of officers 
formed under the Act will make a report, accompanied by 
the minutes of its proceedings, it will be sufficient for me 
to say that the spirit aroused by the insult to the flag in 
Charleston harbor sent a company from every neighbor- 
hood, and at the end of a fortnight, and just when the 
spirit of volunteering was rising, the first quota was filled. 
Through the efforts of a member of the Board, who visited 
Washington for that purpose, the Government consented 



governor's message. 47 

to accept the twenty-one regiments still remaining of the 
force authorized by the Act referred to. On the 16th of 
April I ordered the Seventh Militia regiment to Washing- 
ton, and the unprotected condition of that city determined 
me to dispatch thither at once all the remaining militia 
strength immediately available. Marching orders were 
therefore issued to the Sixth, Twelfth and Seventy-First on 
the 17th, to the Twenty-Fifth on the 19th, and to the 
Eighth, Thirteenth, Twenty-Eighth and Sixty-Ninth 
Militia and the Eleventh volunteers on the 20th. It will 
be remembered that traveling was obstructed on the 20th 
by the burning of the railroad bridges between Philadel- 
phia and Baltimore. To what extent this fact interfered 
with the trains, could not be ascertained, as telegraphic com- 
munication Avas cut off almost immediately. I therefore 
directed the regiments to leave by steamers, by way of the 
Potomac. The Eleventh volunteers was the only organization 
raised under the act of April 16th, in any degree ready for 
service ; even that was as yet unorganized, and the elec- 
tion for officers was held on shipboard. It is not improper 
to say that to the timely arrival of the Militia from this 
State, must, in a great degree, be ascribed the safety of the 
Capital and the restoration of security in Washington. 

While enlistments were proceeding at a rate altogether 
unprecedented, the Military Board were employing their 
energies to supply the necessary clothing and to provide 
arms. The mercantile class were unprepared for meeting 
the immediate demands for articles incident to a state of 
war. So limited was the stock of army cloth in our prin- 
cipal markets, that before any large number of uniforms 



48 governor's message. 

could be furnished, the wool had to be purchased and the 
fabric prepared. Through an unfortunate modification of 
a contract with a respectable firm in the city of New York, 
for twelve thousand uniforms, a considerable number of 
suits of very poor quality were delivered to the agents of 
the State, and before becoming apprized of their inferior- 
ity, they were distributed to the troops. The facts respect- 
ing this and the terms of settlement with the contractors, 
will fully appear in the report to which I have referred. 
It may be proper to add that this circumstance occasioned 
the greatest vigilance in contracting for and inspecting sub- 
sequent supplies of all kinds for our troops. 

On the twenty-fourth of April an agent of the State was 
dispatched to Europe, with a letter of credit for five hun- 
dred thousand dollars, and authority to purchase twenty- 
five thousand stand of arms. On this he obtained and 
shipped nineteen thousand Enfield muskets, which were 
delivered in New York at a cost of about three hundred 
and thirty-five thousand dollars. 

By the twenty-fifth of May, the thirty thousand volun- 
teers, authorized by the Act, had been raised, accepted by 
the Board into the service of the State, and organized into 
thirty-eight regiments. On the eleventh of June, the 
respective regimental Field Officers had been elected, and 
their services accepted, and on the twelfth of July, the last 
of the thirty-eight regiments had left the State. Thus, 
in a period of eighty-seven days, a volunteer force of 
thirty thousand men had been drawn from various parts 
of the State, organized, fitted for service and dispatched 
to the seat of war. 



governor's message. 49 

There were accepted under authority from the President 
to a committee of citizens of New York, four Vokmteer 
and four Militia regiments, and according to the best 
information I have been able to obtain, there were also 
two other organizations accepted by the War Depart- 
ment, independently of the State authorities, previous to 
the first of July. By the middle of that month, there 
were in the service of the Government from this State, of 
three months militia, about eight thousand three hundred 
men ; of three years militia, about three thousand four 
hundred ; of two years volunteers, thirty thousand ; and 
of three years volunteers, accepted directly by the War 
Department, and through the committee of citizens of New 
York, about five thousand, making an aggregate force of 
forty-six thousand. 

Immediately after the engagement at Bull Run, the Presi- 
dent communicated to me his desire that New York should 
furnish an additional force of twenty-five thousand three 
year volunteers. I promptly informed him of my readi- 
ness to aid the Government to any extent it might require, 
but stated that the power conferred by the Legislature of 
New York to raise troops for the war was already exhausted, 
hence it would be necessary for me to convene the Legis- 
lature unless the Government would furnish the money 
necessary for raising, subsisting and equipping this further 
quota. The latter course met the President's approval. 
Proper authority was duly granted by the War Department 
for this purpose, and directions were given to the agents 
of the Government at Washington, and on service in this 

State, to aid me in this work. I therefore, on the 25th of 

[Assem. No. 2. J 4 



50 governor's message. 

July, issued my proclamation, calling for a volunteer force 
of twenty-five thousand men, to serve for three years or 
during the war, to rendezvous, as under the first call, at 
New York, Albany and Elmira. In framing a general 
order regulating the acceptances of the officers and men, I 
deemed the good of the service required that all candidates 
for commissions should pass an examination as to their fit- 
ness for field and company officers. The effect of this was, 
in a partial degree, to retard enlistments, but to give a 
greatly improved class of officers to the service. At this 
time, while there was nothing in the aspect of affiiirs con- 
nected with raising men particularly discouraging, yet, 
owing to several causes, enlistments were less active 
than they had been. With a view to stimulate volun- 
teering, and at the same time to obtain the best class 
of troops, I directed the Adjutant General to authorize 
branch depots in twenty-two diflbrent localities, so sepa- 
rated that they would be unlikely to interfere with each 
other. The objects were more than accomplished. Not 
only did the change secure a class of troops which for re- 
spectability and intelligence can nowhere be surpassed, 
but it hastened enlistments. Ten regiments have already 
been raised at these special camps, and a sufficient number 
of men in addition to these to form eight more. 

On October first the Government authorized an increase 
of the force from this State to one hundred thousand men. 
Again, on the sixth of November, this number was enlarged 
to one hundred and twenty-five thousand. 

The Annual Report of the Adjutant General will show 
that New York has sent into the field, of infantry and rifle- 



governor's message. 51 

men, ninety-nine regiments, of which number, eleven were 
three months militia; of cavalry, ten regiments and one 
battalion ; of artillery, two regiments, two battalions, and 
nine batteries ; a rocket battalion, and a regiment of engi- 
neer officers and soldiers ; or an organized force equivalent 
to one hundred and fifteen regiments. In addition, to this, 
there are now in the State, of volunteers mustered into the 
service of the United States, about fourteen thousand five 
hundred, or sufficient for fifteen regiments more, increasing 
New York's contribution to one hundred and thirty regi- 
ments. 

Muster-in rolls and statistics as to numbers are as yet 
incomplete, but the accurate returns are not likely to ma- 
terially vary the following figures relating to the above 
organizations, namely : 

There have left the State in the several regiments, of 

officers and men 95,078 

Recruits since added 11,000 

Total that have entered service beyond limits of 

State 106,078 

Now in the State, mustered into U.S. service 1J:,500 



Aggregate number of men raised in State 120,578 



Of those who entered the field there have been — 

Killed in battle 270 

Have died from natural causes 350 

Made prisoners of war 550 

Honorably discharged 2,700 

Discharged by error in U. S. muster 1,500 

Discharged by court martial 140 

Absent without leave and desertions 3,300 

Unaccounted for 900 

Discharged by expiration of term of service (3 months 

militia) . 7,334 

Now in the field 89,034 



62 governor's message. 

If there be added to the latter the vohmteers now in 
the State, an available force of 103,307 is shown. 

It is estimated that, in addition to the foregoing aggre- 
gate, at least twenty-five hundred men have been drawn 
from this State and mustered into organizations, not enu- 
merated above. 

This force is scattered over nine States, in forty-three 
different brigades, and under twelve Generals of division. 

I will not attempt to heighten the importance of the 
foregoing exhibit by comments. The figures are more em- 
phatic than words. 

The New York troops have taken part in every engage- 
ment during the war, ejist of the Alleghanies and south 
of Washington, They have enriched the soil of six 
States with their loyal blood. Their bearing has at all 
times been that of freemen contending for fireside rights. 
They have never forgotten the dignity and humanity of 
the citizen and neighbor in the uniform of the soldier. 
Courage, coolness, and the endurance of veterans, have 
characterized them in the hour of danger. Of the first to 
obey the forward call, one of her young commanders was 
among the earliest to inscribe his name on the bright 
page of hero-martyrs. Others, of beloved memory, have 
fallen ; some in battle, others by disease ; and not a 
breeze from the South but bears upon it the manly sighs 
of others, those who, because they loved and would defend 
their country's rights, fill the felon's cell. When the 
enduring record shall be made up, in all that constitutes 
the brave soldier, the war for the Union will suffer nothing 



governor's message. 53 

when compared with the grand struggle which gave us a 
national existence. 

On the 28th of September, the President tendered me 
the appointment of Major General of Volunteers, under 
the act of Congress of July 25th, 1861, and subsequently 
created the State of New York into a Military Depart- 
ment, under my command. Finding after a careful exami- 
nation that there were no constitutional objections to my 
holding the office, and in view of its practical advantages 
to the service, I accepted it, although, of course, not intend- 
ing to receive any of its emoluments. 

This summary of facts, connected with meeting the re- 
quisitions of the General Government, is respectfully sub- 
mitted for your information. The Military Board, the 
Comptroller, and the chiefs of the several staff departments, 
will present all necessary details. The Legislature will, I 
am sure, approve the efforts that have been made to meet 
the demands of the government. The exigency has been 
great, and the means of providing for it and of meeting in 
all respects the desires of the public, have at times been 
beyond the ability of those charged with the duties. If a 
feeling of impatience has been manifested in consequence, 
while its influence has been somewhat disheartening upon 
the public servants, it was but an indication of the deep 
determination of the people to crush a rebellion, which in 
all future time will be adjudged the most causeless and most 
wicked that history records. 

Under authority granted from the War Department, 
contracts have been made by me for large supplies of uni- 
forms, under-clothing, shoes, ordnance stores, equipments, 



54 governor's message. 

rations, and other necessary supplies for and on account of 
the United States, and free from any pecuniary liability, 
except on account of the General Government. I submit 
a form of the contract, of which several hundred have been 
executed by me. The uniforms with which our troops are 
supplied, being more satisfactory to them, and, in certain 
details, more appropriate than those furnished from the 
Government store house, I have had the privilege, under 
authority from the United States, to furnish additional 
supplies, from time to time, to our troops in the field, so 
far as practicable, and am glad to say this is a cause of 
mutual satisfaction to our troops and to the War Depart- 
ment. 

Since the last of August, the State has had an agent of 
much military experience located in the office of the Com- 
missary of Clothing at Washington, through whom our 
troops were supplied with clothing, and to whom applica- 
tions for supplies of various kinds could be made. Since 
the middle of November, the Inspector General of the 
State has been stationed in that city. His experience in 
the field, his familiar acquaintance with army officers, and 
his position on the staff of the Commanding General, have 
given him peculiar facilities for visiting the camps and in- 
specting the condition of our regiments and knowing their 
wants. -V 

It is known to you that the first thirty-eight volunteer 
regiments were fitted out by the State. Such also was the 
case with the three months militia. For the remainder of 
the force, the General Government has furnished, and is to 



governor's message. 55 

furnish, all the means ; and supplies have therefore been in 
accordance with the general regulations of the Army. 

I recommend that an appropriation at once be made 
for supplying certain articles of comfort rendered very 
desirable, if not necessary, by the advanced season, which 
are not provided for by the army regulations, and which, 
while adding to the comfort of the soldier, will promote the 
efficiency of the service. 

It was not till September that the War Department by 
a general order gave effect to the Act of Congress of July 
last, with reference to the allotment by volunteers of por- 
tions of their j)ay for the benefit of their families. Find- 
ing that the system was not so generally adopted as it de- 
served to be, I requested one of the Commissioners to 
examine the accounts of the Treasurer, &c., to visit the re- 
giments in the field for the purpose of bringing the system 
to their attention and procuring its adoption to as large an 
extent as possible. He was directed to state to the volun- 
teers that application would be made to the Legislature 
to authorize the employment of the Treasury of the 
State as the depository of the funds so allotted. Before 
he had completed his labors. Congress, by a new act, 
placed the matter in the hands of Commissioners appointed 
by the President, who are to serve without compensation. 
It is, however, desirable that the Treasurer of the State 
should be promptly authorized to receive and disburse any 
portion of their pay that the volunteers may desire. Con- 
nected with this, I recommend the adoption of an equitable 
system of relief to the families of volunteers. 

Since the opening of the rebellion I have devoted myself 



56 governor's message. 

wholly to the duty in hand, and have earnestly endeavored 
to preserve the high rank of this State in all matters, and 
while first regarding the comfort, health and efficiency of 
the soldier, 1 have not lost sight of the expenditures 
involved. 

No requisition has been made by the government that 
remains unhonored. Among the very first to respond to 
the call for the defence of the Capital in April, New York 
has not only steadily answered every demand since made, 
but has time after time besought the privilege of adding to 
her force in the field. Unless the State shall exhibit an 
unwillingness to respond to the wishes of the General Gov- 
ernment, its constituted authorities would seem to be the 
proper medium through whom alone company and regi- 
mental organizations should be accepted. 

On the 19th of October, I received a communication from 
the Department of State, inviting my consideration of the 
subject of the improvement and perfection of the harbor 
defences of the sea and lake coasts of this State, and 
requesting me to submit the matter to the consideration of 
the Legislature. Reference was made to the fact, that 
disloyal persons had hastened to foreign countries even 
before the present insurrection had revealed itself in arms, 
to invoke their intervention for the overthrow of the Gov- 
ernment and the destruction of the Federal Union, and 
although unsuccessful in their first efforts, it was believed 
that those agents were still industriously endeavoring to 
accomplish their purposes by degrees and by indirection, 
and were seeking to involve our country in controversies 



^9 
governor's message. 57 

with States, with which every interest requires that it 
shall remain in relations of peace and friendship. 

A personal examination, in company with several com- 
petent engineers, led me to call the attention of the Legis- 
lature of 1860 to the fact, that the approaches to the city of 
New York by water were not adequately defended, and the 
opportunities incidentally afforded me during the past year, 
fully satisfied me of the insufficiency of our lake defences. 
I therefore immediately assured the Secretary of State that 
I would aid the Government in providing for the proper 
protection of our frontiers and harbor approaches in antici- 
pation of the action of the Legislature. I submit herewith 
a copy of the correspondence. A preliminary report of the 
Engineer-in-Chief, relating thereto will be at once transmit- 
ted. The subject is one which calls for prompt and effective 
measures on the part of the Legislature, and I assure you of 
my cordial co-operation in any plan which will afford entire 
security to the persons and property of our citizens. I 
recommend that immediate measures be taken for obtainins: 
from Congress an appropriation sufficient to provide suitable 
defences at all exposed points ; and so that no time shall 
be lost, I recommend that authority be given to proceed 
with the work of preliminary survey and to take the 
proper antecedent steps. In default of the prompt action 
of the United States authorities, it is manifestly our duty 
to proceed at once with such portions of the defences as 
prudence requires, looking to the Government for ultimate 
reimbursement. 

A recent occurrence, which created great solicitude both 
here and in Europe, and which it was believed by many 



58 governor's message. 

would lead to hostilities between this coimtr}'^ and England, 
renders it not improper for me to say that no State in the 
Union has so large an interest as New York in j)reserving 
amicable relations, especially with commercial powers. 
The tonnage and value of vessels owned in the port of New 
York alone, in 1860, was : 

Tonnage. Value. 

Of sailing vessels 1,258,491 $69,217,005 00 

Of steam vessels 205,510 26,716,300 00 

Total 1,464,001 $95,933,305 00 

The annual average of foreign exports from this State 
is one hundred and eleven million dollars, and the annual 
average imports from foreign countries into the State are 
one hundred and ninety-one million five hundred thousand 
dollars. The aggregate imports and exports of the port of 
New York for the year 1860 were three hundred and 
eighty-four million dollars, or a daily average of foreign 
commerce exceeding one million of dollars in value passing 
through the Narrows of New York harbor. The busi- 
ness of the ports would be shown more fully by 
adding to the above the coasting trade, amounting to 
double, if not to quadruple, these figures, but there is 
no official data by which this can be shown. Hos- 
tilities with either of the great powers of Europe, and most 
of all with that government which, from consanguinity, 
language and customs, is most intimately related to us, 
would be of untold disaster. No mere pretext, no caprice 
of court or cabinet, no cause whatever, unless it involve 
national dignity or we are denied a positive right, could 
justify the representatives of this State in consenting to a 



governor's message. ' 59 

war witli foreign powers, especially at a period when 
extraordinary supplies of men and money have been, and 
will continue to be, drawn from us, to overwhelm the 
insurgents at home. We are now engaged in fighting 
the battle of constitutional freedom, resolved to restore the 
rightful authority of the Union throughout its whole ex- 
tent. We are strong, because we are right. We should 
not weaken ourselves by taking upon us a war of questiona- 
ble necessity. Our rank upon the waters, and in the family 
of nations, has been obtained through no aid from others. 
It must be maintained, as must be all our interests, by our- 
selves. Our career is just oj)ening, if we j^reserve our self- 
respect and the respect of other nations. Let us give no 
intended offence, and tamely submit to none. We have 
confidence in the wisdom of the government, and believe 
that present and prospective questions affecting this coun- 
try's relations with foreign ^^owers will receive that con- 
sideration which their weighty consequences entitle them 
to, and that the decisions will be founded on principles of 
law. Their decisions are ours ; and in a just cause New 
York casts everything into the balance. Above and beyond 
all questions of property, all questions of present ease and 
present peace, the man of truly American heart rises to 
maintain the honor of his flag, and to preserve the dignity 
and stability of his government. 

EDWIN D. MORGAN. 
Albany, January 7, 1862. 



d/ 



DOCUMENTS 



ACCOMPANYING THE ANNUAL MESSAGE OF THE 

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governor's message, 65 

Department of the Interior, Washington. 
To His Excellency Edwin D. Morgan, 

Governor of the State of JYew York : 
I, Caleb B. Smith, Secretary of the Interior, do hereby certify 
that, in discharge of the duty devolved on me by the provisions 
of an act of Congress approved May 23d, 1850, entitled "An act 
providing for the taking of the Seventh and subsequent Cen- 
suses of the United States, and to fix the number of the mem- 
bers of the House of Representatives and provide for their future 
apportionment among the several States," I have apportioned the 
Representatives for the Thirty-eighth Congress among the several 
States, as provided for by said act, in the manner directed by 
the 25th section thereof. 

And I do hereby further certify that the State of New York is 
entitled to thirty-one (31) members in the House of Representa- 
tives for the Thirty-eighth Congress and until another apportion- 
ment shall be made according to law. 

In testimony whereof, I have hereunto subscribed my name and 
caused the seal of the Department of the Interior to be 
[l. s.] affixed, this 9th day of July, in the year of our Lord, 
one thousand eight hundred and sixty-one. 

(Signed) CALEB B. SMITH. 



Department of State, ) 
Washington, October 14, 1861. i 
To His Excellency Edwin D. Morgan, 

Governor of the State of JYew York : 

Sir: — The present insurrection had not even revealed itself in 
arms when disloyal citizens hastened to foreign countries to invoke 
their intervention for the overthrow of the Government and the 
destruction of the Federal Union. These agents are known to 
have made their appeals to some of the more important States 
without success. It is not likely, however, that they will remain 
content with such refusals. Indeed, it is understood that they 
are industriously endeavoring to accomplish their disloyal pur- 
poses by degrees and by indirection. Taking advantage of the 
embarrassments of agriculture, manufacture and commerce in 
foreign countries, resulting from the insurrection they have in- 
augurated at home, they seek to involve our common country in 
controversies with States with which every public interest, and 

[Assem. No. 2.] 5 



66 governor's message. 

every interest of mankind require that it shall remain in rela- 
tions of peace, amity and friendship. I am able to state for your 
satisfaction, that the prospect of any such disturbance is now 
less serious than it has been at any previous period during the 
course of the insurrection. It is, nevertheless, necessary now, as 
it has hitherto been, to take every precaution that is possible to 
avert the evils of foreign war to be superinduced upon those of 
civil commotion which we are endeavoring to cure. One of the 
most obvious of such precautions is, that our ports and harbors 
on the seas and lakes should be put in a condition of complete 
defence ; for any nation may be said to voluntarily incur danger 
in tempestuous seasons, when it fails to show that it has sheltered 
itself on every side from which the storm might possibly come. 
The measures which the Executive can adopt in this emergency, 
are such only as Congress has sanctioned, and for which it has 
provided. The President is putting forth the most diligent 
efibrts to execute these measures, and we have the great satisfac- 
tion of seeing that these efforts, seconded by the favor, aid and 
support of a loyal, patriotic and self-sacrificing people, are rapidly 
bringing the military and naval forces of the United States into 
the highest state of efficiency. But Congress was chiefly ab- 
sorbed, during its recent extra session, Avith those measures, and 
did not provide as amply as could be wished, for the fortification 
of our sea and lake coasts. In previous Avars, loyal States have 
applied themselves by independent and separate activity, to sup- 
port and aid the Federal Government in its arduous responsibili- 
ties. The same disposition has been manifested in a degree 
eminently honorable, by all the loyal States, during the present 
insurrection. In view of this fact, and relying upon the increase 
and continuance of the same disposition on the part of the loyal 
States, the President has directed me to invite your considera- 
tion to the subject of the improvement and perfection of the 
defences of the State over which you preside, and to ask you to 
submit the subject to the consideration of the Legislature Avhen 
it shall have assembled. Such proceedings by the State Avould 
require only a temporary u^e of its means. The expenditures 
ought to be made the subject of conference with the Federal 
authorities. Being thus made Avith the concurrence of the 
Government, for general defence, there is every reason to believe 
that Congress Avould sanction Avhat the State should do, and 
would provide for its reimbursement. 



governor's message. 67 

Should these suggestions be accepted, the President will direct 
proper agents of the Federal Government to confer with you, 
and to superintend, direct and conduct the prosecution of the 
system of defence of your State. 

I have the honor to be, sir, your obedient servant, 

WILLIAM H. SEWARD. 



Executive Department, ? 
Albany, Oct. 19, 1861. \ 

Sir : — I have this day received your letter of the 14th instant, 
on the subject of the improvement and perfection of the port and 
harbor defences of this State, and asking my consideration of its 
suggestions and desiring the subject to be submitted by me to the 
Legislature, when it shall have assembled. 

I fully appreciate the importance of your recommendations, and 
shall most cordially aid in canying out the policy of the Govern- 
ment, in this regard, I feel that we are admonished b}' the les- 
sons of the year to rely upon our ability to preserve and protect 
our rights, and not upon the supposed interest, or the presumed 
friendship of others. 

The State of New York, considering the importance of her 
principal seaport and the extent of her northern lake-bound 
frontier, is deeply interested in strengthening, and, if necessary, 
increasing our national defences. Although we may have no 
present means in our treasury applicable to the expense, and our 
Legislature does not meet until January next, I have, neverthe- 
less, called to my council Colonel Richard Delafield, of the U. S, 
Corps of Engineers, for the purpose of considering and adopting 
the measures demanded by the importance of the subject. He 
will report here on Monday. I shall direct him, and such other 
competent and proper gentlemen as may be associated with him, 
to proceed at once to an examination into the condition of our 
border defences, especially at the lake ports, and will, at the 
earliest moment, communicate to you the result, together with 
such views of my own on the subject as may seem justified by 
the facts developed by and the circumstances then existing. 
I have the honor to be, with high regard, 
Your obedient servant, 

E. D. MORGAN, Governor of JYew York. 

Honorable Wm. H. Seward, Secretary of State, 

Washington, D. C. 



68 governor's message. 

Executive Department, ? 
Albany, JS'ov. 4, 1861. ) 
Hon. Wm. pi. Seward, Sec^y of State: 

Sir — I had the honor, on the 19th ultimo, to acknowledge 
your favor of the 14th of that month, in relation to the subject 
of the improvement and perfection of the defences of this State. 
I stated in substance that I would take immediate steps to pro- 
cure some needed information (which has since been obtained), 
and that I would, at an early day, again communicate with you. 
I have deliberately considered the subject to which your commu- 
nication relates and I do approve the suggestions made therein, 
and I shall be pleased to have the President designate some offi- 
cer, who will act as an agent of the Government, and with whom 
I can immediately and directly confer preparatory to prosecuting 
a system of defence in this State. 

I have the honor to be, w^ith high regard. 

Your obedient servant, 
E. D. MORGAN, Governor of JYew York. 



Department of State, 
"Washington, JYovembcr 11, 1861. 

To His Excellency Edwin D. Morgan, 

Governor of the State of JYew York, Albany: 
Sir — I have the honor to acknowledge receipt of your Excel- 
lency's reply to a circular letter which I addressed to you, on the 
subject of defences within your State, and to inform you that the 
correspondence has been referred by the Department of "War, to 
the Military Engineers. 

I am, sir, your obedient servant, 

WILLIAM. H. SEWARD. 



Executive Department, / 

Albany, Jfovemher 15, 1861. ) 
General — In acknowledging the communication of the Hon. 
the Secretary of State, under date of the I4th ultimo, I expressed 
the desire to co-operate with the Government, or to carry into 
effect the measures proper to put in a condition of complete de- 
fence, the ports and harbors of this State, on the sea and lakes, 
requesting at the same time, in conformity with the suggestions 
of the Secretary of State, that the Government would select a 
proper agent to confer -with me in relation to a system of defence. 



governor's message. 69 

In reply to this letter, Mr. Seward informed me, under date of 
the lltli instant, that the correspondence on this subject had been 
referred, by the Department of War, to the Military Engineers. 

After receiving the first letter from the State Department, I 
directed a preliminary examination to be made into the condition 
of the fortifications, the amount of ammunition on hand, &c. ; 
and also a partial examination of the lake defences, but as the 
information in your possession is, undoubtedly, more complete 
than that obtained by me, I deem it unnecessary to transmit, at 
this time at least, the result of this inquiry, particularly as I am 
unadvised as to the course you have determined to pursue. 

No State is more deeply interested than New York in securing 
a thorough system of defences, which, it must be admitted, are, 
at this time, in a very imperfect and unsatisfactory condition ; 
and I beg to assure you of my readiness to co-operate with the 
Government, and especially with your Department, in whatever 
measure is necessary to perfect them. Awaiting your reply, 
I have the honor to be, your most ob'd't servant, 

E. D. MORGAN, Governor of JYew York. 

Brig. Gen. Jos. G. Totten, 

Chief of Engineers, Washingto7i, D. C. 



Ekgineers' Department, / 
Washington. JYovemher 27, 1861. \ 
His Excellency Governor E. D. Morgan, Albany, JV*. F. ; 

Sir — On my return from an absence of some continuance, I 
find your lette'r of 15th inst., relating to the circular of the Hon. 
Secretary of State of 14th ultimo. 

The subject is now under consideration by me, and I shall 
have the honor of responding to your communication with the 
least delay possible. 

I have the honor to be, very respectfully, 
Your ob'd't servant, 

JOS. G. TOTTEN, 
Bt. Brig. Gen' I and Civil Engineer. 



Executive Department, "^ 
Albany, December 18, 1861.^ 
General — On the 15th of November, I had the honor of ad- 
dressing you on the subject of the port and harbor defences of 
this State. 



70 governor's message. 

As I then said the Honorable the Secretary of State had invi- 
ted my co-operation with the Governme-nt, in carrying into ef- 
fect proper measures for putting into a condition of complete 
safety, the lake and sea ports of this State. I immediately as- 
sured him of my great willingness to aid in the matter to any 
required extent, and requested that a proper agent of the Gov- 
ernment might be selected to confer with me in relation to a sys- 
tem of defences as had been proposed by him. In his reply, Mr. 
Seward informed me that the correspondence on the subject, had 
been referred by the Department of War, to the Military Engi- 
neers. I then wrote you as above stated. In your answer under 
date of the 27th ultimo, you informed me that you would respond 
to my communication without unnecessary delay. I had also the 
honor of a personal interview with you on a late visit to Wash- 
ington. 

The exposed situation of this State by sea and lake, renders 
our citizens apprehensive of danger on the least appearance of it. 
The recent affair of the Trent, and the possible consequences 
growing out of it has caused much solicitude in the city of New 
York, especiall}^ in commercial circles, along the borders of the 
lakes and at points where it is thought the canals might be 
damaged, and sources of supplies of water could be cut off. 

I earnestly desire to co-operate with you, in taking such imme- 
diate preliminary steps as shall re-assure all classes and give them 
to feel that no time will be lost, nor means be spared by the 
authorities to protect the interests of the citizens. 

The Honorable William A. Dart, United States District Attor- 
ney for the Northern District of New York, will present this let- 
ter to you, and will confer personally with you. Be pleased to 
give him such information as. will enable me to take early action 
in relation to the subject I have referred to. 

1 have the honor to be, with high regard, your ob't serv't, 

E. D. MORGAN. 

Brigadier General J. G. Totten, Chief of Engineers^ Sfc, 

Washington, D. C. 



Engineer Department, ) 

Washington, December 24, 1861. ) 
His Excellency Governor Morgan, Jilhany: 

Sir — I had the honor to receive, yesterday, your telegram, 
dated that day, and to immediately acknowledge, by telegraph, 



governor's message. 71 

its receipt as well as that of your letter by !Mr. Dart, and to state 
that I am busily engaged in a report to your Excellency on the 
fortifications, which would have been sent earlier but for duties 
not to be set aside. 

Very respectfully, your obedient servant, 

JOS. G. TOTTEN, 
Brevet Brig. GenHand Civil Engineer. 

FORM OF CONTRACTS. 

THIS AGREEMENT, made and entered into this 
day of , in the year of our Lord, one thousand, 

eight hundred and sixty by and between Edwin P. Morgan, 

Governor of the State of New York, for, and in behalf of, the 
United States of America, under the authority of an order of 
the Secretary of War, bearing date August 3d, 1861, and of sub- 
sequent orders, party of the first part, and 

of part of the second part 

witnesseth, that the said party of the first part, in behalf of the 
United States of America, as aforesaid, and the said part of 
the second part, for heirs, executors and administrators, 

have covenanted and agreed, and by these presents do mutually 
covenant and agree, as follows, to wit : 

First. — That the said shall 

and will furnish and deliver unto the said party of the first part, 
at such rations or 

board, at the option of the party of the first part, as may be re- 
quired for the use of the New-York State Volunteers raised, or 
to be raised, for the United States service, together with com- 
fortable lodging and quarters, commencing on the 
day of and ending on such day as the party of the 

first part, or any duly authorized officer or agent of said party of 
the first part, shall direct, at the price of for each 

complete ration in the raw state, and at the price of 

for the board each day of each man three meals per day, 

and in the proportion of one-third of said price for each meal, 

. when such board is furnished, cooked and served as hereinafter 

provided, without extra charge for said lodging and quarters, 

whether raw or cooked rations are furnished as aforesaid. 

Second. — That the raw ration to be furnished under this con- 



72 governor's message. 

tract shall consist of the following articles, to wit : — Three- 
fourths of a pound of pork or bacon, or one and a fourth pounds 
of fresh or salt beef; eighteen ounces of bread or flour, or twelve 
ounces of hard bread, or one and one-fourth pounds of corn 
meal ; and at the rate to one hundred rations of eight quarts of 
beans, or in lieu thereof, twice per week, one hundred and fifty 
ounces of desiccated potatoes, and one hundred ounces of mixed 
vegetables ; ten pounds of coffee, or in lieu thereof, one and one- 
half pounds of tea ; fifteen pounds of sugar, four quarts of vine- 
gar, one pound of sperm candles, or one and one-fourth pounds 
of adamantine candles, or one and one-half pounds of tallow 
candles; four pounds of soap and two quarts of salt ; and in all 
cases where articles of one kind are permitted or provided, as 
above, in lieu of other articles, the kinds, quantities and propor- 
tions of such several articles from time to time required, shall 
be entirely under the control and direction of the party of the 
first part. 

Third. — ^The provisions and other articles stipulated to be fur- 
nished under this contract, shall be of the first and best quality, 
and the food provided for each man, where board is furnished, 
shall be in all cases, and at all times, equal in quantity and 
quality, and all other respects, to the raw ration above specified ; 
and said fcod shall be cooked, prepared and served in a cleanly, 
healthful and proper manner, Avith the coffee or tea mentioned in 
the rations duly prepared for drinking; and the necessary uten- 
sils for cooking and eating shall be furnished by said part of 
the second part. 

Fourth. — In case board is furnished, the said part of the sec- 
ond part will furnisli soap and candles in proportions as above ; 
and in every case the soap and candles will be delivered in bulk 
to the order of a duly authorized officer of the party of the first 
part, for distribution by him ; wdiere gas, or other sufficient light 
is provided, said candles need not be furnished. 

Fifth. — This contract, and all obligations of the party of the 
first part thereunder, may at any time be terminated by the said 
party of tlie first part, or a duly authorized officer of the said 
party of the first part, by a written notice to said part of the 
second part. 

Sixth. — The party of the first part, in behalf of the United 
States as aforesaid, doth hereby agree to pay for the rations and 
board, so furnished as aforesaid, at the rates above specified, 
payments to be due monthly, and to be made according to the 



governor's message. 73 

terms of said order of the Secretary of War, dated August 3d, 
1861, and the order supplementary thereto, bearing date August 
8th, 1861, and of subsequent orders, and in the manner and at 
the times when the United States, in accordance with said orders, 
shall furnish funds for the payment of the same ; which said orders 
are expressly referred to and made part of this Agreement, the 
same as if set forth at length herein, without any liability on the 
part of the State of New York, or of the said Edwin D. Morgan, 
individually, in the premises, which is hereby expressly waived by 
said part of the second part. 

Seventh. — It is understood and agreed, that this contract is 
not assignable by the part of the second part without permis- 
sion of the party of the first part ; and in case of such assign- 
ment without such permission, the party of the first part may 
regard the same as an abandonment of this Agreement, and the 
said part of the second part and sureties shall thereupon be 
held responsible for any loss or damage in the premises. 

Eighth. — No member of Congress shall be admitted to any 
share or part in this contract, or in any benefit to arise therefrom. 

In witness whereof, the parties to these presents have hereunto 
set their hands and seals the day and year first above written. 

Sealed and delivered in presence of 

[:.. s.] 
[L. s.] 

State or New York, ? 

County of 5 

On this day of in the year of our Lord one thousand 

eight hundred and sixty , before me came the above named 

to me known to be the individuals described 
in, and who executed, the aforegoing instrument, and severally 
acknowledged to me that they had executed the same, the said 
Edwin D. Morgan acknowledging the same in behalf of the United 
States, 

Know all Men by these Presents, That we of 

and of are held and 

firmly bound unto The United States of America in the sum of 

dollars, lawful money of the United States of America, 

for which payment well and truly to be made, we bind ourselves, 

our heirs, executors and administrators, jointly and severally, 

firmly, by these presents. Sealed with our seals. 

[Assem. No. 2.] 6 



74 GOVERNOR'S MESSAGE. 

Dated the day of in the year of our Lord one 

thousand eight hundred and sixty 

The condition of this obligation, which is assumed by the obli- 
gors in consideration of the sum of one dollar, and of the execu- 
tion of the articles of agreement hereinafter mentioned, is such, 
that if shall and do in all things 

well and truly observe, perform, fulfill, accomplish and keep, all 
and singular, the covenants, conditions and agreements which on 
part are, or ought to be, observed, performed, fulfiled and 
accomplished, comprised and mentioned in certain Articles of 
Agreement bearing date the da}" of between 

Edwin J). Morgan, Governor of the State of New York, in behalf 
of the Untted- States, on the one part, and the said 

on the other part, according to the true intent and meaning 
thereof, then, and in that case, the above obligation to be void, 
otherwise to remain in full force and virtue. 

Sealed and delivered in presence of 

State of Xevv York, ) 

County of 5 

On this day of 186 before me came the above named 

and both to me known to be the same individuals 

described in, and who executed, the aforegoing instrument, and 

severally acknowledged to me that they had executed the same. 

State of New York, } 

County of ) 

being severally duly sworn, do depose 
and say, and each for himself deposeth and saith, that he is a 
freeholder in the State of New York, and is worth the sum of 

dollars, over and above all his debts and liabilities, and not 
including property exempt by law from execution. 

Sworn to before me, this ^ LIBRARY OF CONGRESS 

day of 186 



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